Legal protection
The use of qualified trust services affords businesses a special legal protection under EU law. In the event of a legal dispute involving a transaction secured by a QTSP, the transaction is automatically recognised as a valid electronic signature. In other words, the burden of proof rests with the challenging party, not the party who has used a QTSP.
For example, an agreement signed with a qualified electronic signature (QES), which only a QTSP can provide, is automatically trusted and accepted throughout the EU with the same legal standing as a pen-and-ink, or “wet” signature.
By contrast, a document signed with an Advanced Electronic Signature (AES), a non-qualified trust service, does not enjoy the same legal status. The burden of proof in this case falls to the business that signed the document. They must demonstrate to the satisfaction of the court that the signed agreement is in fact valid, i.e., the identities of the signing parties can be proven, and the document can be shown to have not been tampered with or altered in any way since it was signed.